Classen v. Leopold
The Superior Court of New York City
Appeal from a judgment. The case was tried before Judge Ebeedman and a jury. The action was brought to recover for a watch and chain and two dollars in money, claimed to have been stolen while the plaintiff was stopping at defendants’ hotel. The plaintiff arrived at the Hotel Jegel on the 9th of December and stayed there until the 18th. During this time, to wit, on the 13th, the proprietorship of the hotel was changed, the defendants then becoming the proprietors.
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Appeal from a judgment. The case was tried before Judge Ebeedman and a jury. The action was brought to recover for a watch and chain and two dollars in money, claimed to have been stolen while the plaintiff was stopping at defendants’ hotel. The plaintiff arrived at the Hotel Jegel on the 9th of December and stayed there until the 18th. During this time, to wit, on the 13th, the proprietorship of the hotel was changed, the defendants then becoming the proprietors. He intended to remain some time and engaged a room, but made no bargain as to the length of time he should occupy the room, or the…
1Opinion of the Court
By the Court:
Jones, J.
It was not contested at the argument (as indeed it could not well have been), but that defendants were innkeepers, and the plaintiff was their guest.
But on behalf of the defendants it was urged that the not locking the door was an act of negligence on the part of the plaintiff, and that the loss is attributable to that negligence, and therefore the defendants were not liable.
On the part of the plaintiff it was claimed that the not locking the door was not an act of negligence, or if it was, it was not such negligence as relieved the defendants from liability.
It was also…
2Cases cited2 opinions
- Hulett v. . SwiftNew York Court of Appeals · 1865
- Purvis v. . Coleman StetsonNew York Court of Appeals · 1860
3Cited by1 opinion
- Batterson v. VogelMissouri Court of Appeals · 1881